A Kodak Moment Part 4; Kodak Black in Court Today; Strip Club Battery

Kodak Black, born Dieuson Octave, has been accused of battery by Jennifer Cunningham, a bartender at Club Climaxxx, a Miami-Dade County strip club. Kodak is currently incarcerated at the Florida Department of Corrections and has yet to be formally charged with any crime in connection with the allegation.

Miami’s own, Kodak Black’s rise to fame has been a bumpy one. At this point in the 20-year-old’s short career, the blemishes on his rap sheet outnumber the songs in his discography. For example in October 2015, Kodak was arrested in Pompano Beach and charged with robbery, battery, false imprisonment of a child, and possession of marijuana. In April 2016, Kodak was arrested in Hallandale Beach, Florida and charged with possession of a weapon by a convicted felon, possession of cannabis, and fleeing from officers. The following month, Kodak was arrested in Broward County, Florida and charged with armed robbery and false imprisonment. In September 2016, Kodak pleaded no contest to two misdemeanor drug charges and was sentenced to four months in jail. He was credited for time spent in custody awaiting trial and was required to serve 120 days. He was also suspended from driving for one year. However, just last month, he was arrested again for violation of his probation. He is currently being held without bond and his currently ongoing tour has been postponed.

The prosecution has crafted a laundry list of alleged probation violations committed by Kodak. The court provided photographic evidence of Kodak at Club Climaxxx in Miami on Feb. 2nd and attending an Adrien Broner boxing match in Cincinnati on Feb. 18. He also is accused of failing to complete an anger-management program after being discharged from it on Feb. 14, according to records obtained by XXL. The Florida Department of Corrections has now added new battery allegations to the list of ways it is accusing Kodak of violating the terms of his probation.

Per the Sun-Sentinel, the alleged battery incident took place on Feb. 2nd. According to reports, Jennifer Cunningham, the aforementioned bartender at Club Climaxxx, was approached by Kodak who started behaving belligerently. Cunningham then told Kodak to back off, which allegedly caused him to react violently. The police report states that he hit her in the forehead with his right arm. Next, he began to punch her numerous times all over her body and then kicked her. However, after the alleged battery, Cunningham continued to work that night in the club. She called the police later that night, who took the report.

When pressed for further details, Cunningham’s attorney Matthew Kotzen simply stated to Sun Sentinel “What I can tell you is that there was an altercation that ended in my client being assaulted.” Kotzen added that his client filed a police report long before she contemplated hiring him as a civil attorney. However, Kotzen’s mere presence could signal Cunningham’s future plans to sue Kodak in civil court. Kodak’s attorneys are not as willing to speak on the matter at the moment “Because there are pending motions with regard to this case, we are unable to comment at this time,” said Kodak’s lawyers Gary Kollin and Allan Stephen Zamren in a joint statement.

As of now, Kodak has not been charged with the alleged assault. It is merely one of the offenses he is accused of. This would also be a violation of his current house arrest probation. However, the presumed offense listed in the report is misdemeanor battery. The crime of Simple Battery or Misdemeanor Battery is defined under Section 784.03, Florida Statutes. In Florida, the term battery means:

Any actual and intentional touching or striking of another person against that person’s will (non-consensual), or

The intentional causing of bodily harm to another person.

Where there are no aggravating factors or enhancements at play (such as use of a weapon, serious bodily injury, or domestic violence) the offense is known as “simple battery” or “misdemeanor battery.”

Simple or misdemeanor battery is classified as a first-degree misdemeanor in Florida. Thus, the penalties can include up to a year in jail, or a probationary sentence not to exceed one year. Unlike other misdemeanors, prosecutors in Florida do frequently seek jail sentences or probation sentences for even first-time battery offenders. Whether jail is sought will depend on a number of factors, including the prior criminal record of the accused, the status and preferences of the alleged victim, the existence of injuries, the need to seek restitution, the strength of the prosecution’s case, and whether the accused is represented by an attorney. A final violation hearing is scheduled for April 12th. During this hearing, the judge will likely decide whether Kodak faces more jail time or if he’s released.

Meanwhile, Kodak’s debut studio album, Painting Pictures was released just last week, while Kodak is currently incarcerated. The album, which is receiving positive reviews, pontificates heavily about Kodak’s pending legal situation. In fact, the introduction track “Day to Day”, is an ode to his comrade’s spending their days in prison. It remains to be seen whether or not Kodak is predicting his own fate.

Chad H. Jordan is a graduate of Texas Southern University, Thurgood Marshall Law School, in Houston, Texas. The Louisiana born and bred attorney, grew up with an equal love of law and music. The son of an attorney, Chad soaked up the unique culture and music that exists in New Orleans. After his graduation from law school in 2009, Chad has stayed close to his love of music by writing about the latest releases for such prominent blogs as Hypebeast and Hypetrak. Through out his tenure as an attorney, Chad has developed an expertise in negotiating and drafting contracts for recording artists, and drafting and negotiating sports agency agreements.